April 2008

One of the most formulaic but deceptively “easy” parts in Workers’ Compensation law is the statute of limitations provision, section 440.19.The statute of limitations is a provision that terminates an employee’s right to claim benefits or sue for compensation and damages unless the person meets certain conditions.In essence, an employee must file a lawsuit (or Petition for Benefits) before the time expires or their right to claim benefits ends forever.It is designed to give employers a reasonable time expectation as to how long an employee is entitled to receive benefits.No employer likes waiting forever to see if a claim is still open.However, the exceptions to this provision are based on an employee’s knowledge of his obligation under the provision.The best advice for an employer is to provide information and documentation to the employee, and I offer a few tips.